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Published: Fri, 02 Feb 2018
Arbitration a technique used to solve disputes outside the courts arbitration
A technique used to solve disputes outside the courts, in which a third party reviews the case and imposes a decision. It’s often used in resolving disputes within commercial situations, such as international commercial situations. Also between consumer and employment mattesrs
Collaborative divorce/ Collaborative law
Collaborative Law also called Collaborative Practice, Collaborative Divorce, and/or Collaborative Family Law. It considered to be a family law technique, used in helping couples to decide on whether to separate or end their marriage, and the middle person/or persons are their lawyers and on occasions other family professionals example Priest/Pastor are required or used to avoid settling in court.
This technique is used to resolve a situation with the use of a counselor and again, rather than visiting the court.
Conflict resolution is used inversely with dispute resolution and alternate dispute resolution. It is basically all the different methods used to solve a dispute outside the court. It combines all ten methods being described here in addition to meditation and dispute resolution.
Meditation used in law is a branch of Alternative Dispute Resolution (ADR). It’s a way of resolving issues between two or more parties, the third party is the mediator and is there to assist and give a fair and reasonable settlement in the negotiation process between the two parties involved. The presence of the mediator is the key feature of this process.
Mediation has a specific structure involved, for the mediator to follow on how to negotiate with the parties involved. There are timetables, dynamics that ordinary negotiation lacks; it is a very private and confidential process. It all depends on the mediator’s skill and training on how to open or improve the conversation between the parties. Mediation is used in a variety of situations, such as commercial, diplomatic, legal, community, workplace and even family members/matters.
This method is excellent in dealing with conflicts between a Union and a Corporation. When negotiations are taking place the union can ask its’ members to strike when a dispute arises and the corporation can request for a third party to settle the conflict, vice versa.
Negotiation is a method used to convince the parties involved to basically all come to one mutual agreement. It is a bargaining technique/skill that a person gains with experience, it can also be considered as a form of Marketing.
Online dispute resolution
This is one type of dispute resolution that uses technology to aid in the resolutions of disputes, e.g., telephones, internet, etc. It mainly involves a bit of negotiation, mediation and/or arbitration in the resolution process.
This approach seeks to resolve a conflict without the aid of a mediator. The mediator can be present, but the parties must note that the mediator is there to help the parties manage their own conflict without judging either party or even taking sides.
Restorative justice also called reparative justice is a method of punishment by the justice system, whereby it focuses on victims and small offenders. They are encouraged to take responsibility for their actions by doing community service, returning stolen money or even doing voluntary work. It usually takes place in the content of a courtroom and sometimes in small communities and/or non-profit organizations
Litigation is a lawsuit brought before a court of law, whereby the party who claims for damages is the plaintiff and the person/s is the defendant. Once the plaintiff seeks legal action and is successful the defendant is responsible to respond to the claim. It may entail dispute resolution of private law issues between individuals, businesses and/or non-profit organizations.
Alternative dispute resolution (ADR) also known as External Dispute Resolution, as in some countries, such as Australia, are the processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties’ cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, because it imposes fewer costs than litigation, a favored for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Some of the senior judiciary in certain jurisdictions in England and Wales are soundly in favor of the use of mediation to settle disputes.
ADR is generally classified into the ten branches mentioned above. ADR can be used alongside existing legal systems such as Sharia Courts within Common Law jurisdictions such as the UK. ADR traditions vary somewhat by country and culture and it is from of two historic types. Firstly, from the methods for resolving disputes outside of the official judicial mechanisms and secondly from informal methods attached to, or pendant to, official judicial mechanisms.
ADR includes informal tribunals, informal meditative processes, formal tribunals and formal meditative processes. The classic formal tribunal forms of ADR are arbitration (both binding and advisory or non-binding) and private judges (either sitting alone, on panels or over summary jury trials). The classic formal meditative process is referral for mediation before a court appointed mediator or mediation panel. Structured transformative mediation as used by the U.S. Postal Service is a formal process. Classic informal methods include social processes, referrals to non-formal authorities (such as a respected member of a trade or social group) and intercession. The major differences between formal and informal processes are (a) pendency to a court procedure and (b) the possession or lack of a formal structure for the application of the procedure.
For example, freeform negotiation is merely the use of the tools without any process. Negotiation within a labor arbitration setting is the use of the tools within a highly formalized and controlled setting.
Calling upon an organizational ombudsman’s office is never a formal procedure. (Calling upon an organizational ombudsman is always voluntary; by the International Ombudsman Association Standards of practice, no one can be compelled to use an ombudsman office.)
Overall, the research the writer evaluated was that this approach is very valuable to the essence on how to deal with a problem without visiting the court room. It is very effective as in the sense it is a cost effective approach to problem solving, rather than spending a lot of income on lawyers and court rooms fees etc. It is also effective to solve private matters that are better solved out of the public eyes, and sometimes as simple as a priest or pastor to help solve the issue.
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